The purpose of this article is to protect the health,
safety and general welfare of residents of Wells and to assist in remediation
of an area in the vicinity of Burnt Mill Road affected by the operations of
the former Portland Bangor Waste Oil Company ("company").

Beginning in the 1950's, the company disposed of waste
oil sludge and oily water and stored and processed waste oil for use off site
on a site adjacent to Burnt Mill Road in Wells. Investigations into the activities
of the company identified petroleum-related compounds and other chemicals
at levels of concern in the Burnt Mill Road area. To address these concerns,
the contaminated soils will be cleaned up and soils will be stabilized and
solidified and capped in an on-site soil vault in perpetuity. Clean soils
will be brought in to replace the contaminated soils. To protect the public
health, groundwater adversely affected by the company's past activities, which
may remain affected by chemicals for some time, should not be extracted or
used.

This article identifies and establishes two areas subject
to restrictions. The first area identified is a certain soil vault area ("SVA")
consisting of a portion of the former company property, identified to protect
an area of consolidated, treated, and capped soils (the "soil vault"), constructed
to contain the soils and prevent human and environmental exposure to the soils.
The second area is a larger groundwater protection area ("GPA"), which encompasses
the areas of groundwater contamination, to aid in the protection of groundwater
and to prevent use of that groundwater.

The SVA is intended to promote remediation and environmental
protection by limiting activities that could interfere with the integrity
of the soil vault. The GPA protects the environment by prohibiting removal
of groundwater and certain other activities that might affect groundwater
quality, to prevent exposure to and migration of that groundwater, until such
time as groundwater may become potable. The GPA includes only those properties
identified during the environmental investigation as having groundwater that
was adversely affected by operations of the company. Environmental investigations
have shown that groundwater under other properties in the vicinity shows no
effects from company operations. If analysis of ongoing test results indicates
that contamination is spreading beyond the current GPA, the Town may amend
this article to expand the GPA at any Town meeting.

Within the boundaries of the SVA as established by § 122-5A of this article, there shall be no disturbing of the surface soils or the area below the ground surface. Any activities other than those necessary to maintain the vault are prohibited, notwithstanding the provisions of any other Town ordinance, unless specifically allowed by this article. This prohibition includes, but is not limited to, erection of structures, building of roads, and paving areas for parking and/or storage. Planting, cultivation and mowing of grass are permitted.

Within the boundaries of the GPA, as established by § 122-5A of this article, no groundwater shall be extracted from the ground except as allowed by this article. Other activities in the GPA that may affect the groundwater quantity or quality are also prohibited by this article. This article shall apply to the area designated as the GPA notwithstanding the provisions of any other Town ordinance.

For the purpose of this article, there is hereby established within the Town of Wells a certain soil vault area as depicted on the Wells Plan, entitled "Portland Bangor Waste Oil, Wells Maine, Exhibit A," prepared by TRC, dated July 2001, which is hereby incorporated into this article by reference, and attached as Exhibit A.[1] This SVA is in an area formerly owned by the company and used in its operations. The area depicted as the SVA on Exhibit A may be larger than the area actually constructed as a soil vault. The Board of Selectmen is hereby delegated the authority to refine the boundaries of the SVA by adopting a revised plan in accordance with the following: there shall be notice and a hearing on the proposed boundary change; the SVA boundaries shall be established by a survey, and the survey shall be incorporated into the article; and the area of the SVA may be reduced in size to correspond with the final boundaries of the SVA as constructed but may not be expanded by action of the Selectmen. No other change to the boundaries of the SVA may be accomplished by action of the Selectmen.

For the purpose of this article, there is hereby established within the Town of Wells a certain groundwater protection area as depicted on the Wells Plan, entitled "Portland Bangor Waste Oil, Wells, Maine, Exhibit B," prepared by TRC, dated July 2001, which is hereby incorporated into this article by reference, and attached as Exhibit B.[2] This GPA may be amended from time to time on the basis of ongoing
testing and analysis of groundwater. If the State of Maine Department of Environmental
Protection certifies that groundwater in a particular area of the GPA meets
the state drinking water standards for the petroleum-related compounds and
chemicals of concern, this article shall be amended to remove that area from
the GPA. If test results indicate that groundwater contamination is spreading
into new areas, this article may be amended to enlarge the GPA.

There shall be no disturbance of soils or subsoils, or
excavation or construction at or below grade. Maintenance of the soil vault
and related appurtenances, including any fences or other barriers, and the
cultivation of grass are permitted.

The drilling for, use or extraction of groundwater by
any means or for any purpose, including residential drinking wells, is prohibited
except that groundwater may be withdrawn for sampling to assess water quality
upon receipt of a permit from the Code Enforcement Officer. A permit shall
be issued by the CEO within 14 days after submittal of a map showing the location
of the monitoring wells and a description of the testing protocols;

Mineral extraction is permitted in accordance with the
Town of Wells Land Use Ordinance[3] regulations pertaining to mineral extraction, specifically including
the prohibition on extracting materials below five feet above the water table;

Any activity that would alter a groundwater or surface
water table level (other than what would occur naturally) is prohibited, except
that a subsurface septic system for a household residence may be constructed
and operated in accordance with applicable state and local laws;

Irrigation or watering of nonresidential fields, including
playing fields, is permitted upon receipt of a permit from the CEO, who shall
issue the permit, provided an off-site water supply is used; and

Typical household activities such as watering lawns or
gardens, washing cars, and grading, and/or construction of building additions
or new structures in accordance with state and local laws are permitted.

Exempt activities. Activities conducted in accordance
with and pursuant to the requirements of the consent decree, Maine v. United
States, et al., No. 00-64-B-C (D. Me., entered May 31, 2000), including activities
of remedial contractors conducting environmental investigation and cleanup
in accordance with and pursuant to that consent decree, are exempt from the
requirements of this article.

Whenever the Code Enforcement Officer receives an application
for a permit to authorize activities requiring a permit under this article,
a copy of the application shall be forwarded to the Maine Department of Environmental
Protection, Bureau of Remediation and Waste Management.

The Town shall provide written notice, of any permit
decision by the Code Enforcement Officer allowing or prohibiting any activity
occurring in the SVA or the GPA, to the applicant, the owner of the property
(if different from the applicant) and the Maine Department of Environmental
Protection, Bureau of Remediation and Waste Management. Any decision may be
appealed to the Zoning Board of Appeals[4] by any person or entity receiving written notice of the decision
from the Town, by the owner of any property within either the SVA or the GPA,
or by the owner of any property abutting the property on which the activity
was proposed within 30 days after the date of the decision. The Zoning Board
of Appeals shall have jurisdiction to consider any such appeal as a de novo
appeal, following the procedures outlined in 30-A M.R.S.A. § 2691.

The Code Enforcement Officer or the municipal officers
shall institute or cause to be instituted, in the name of the Town, any and
all actions, legal and equitable, that shall be appropriate or necessary for
the enforcement of the provisions of this article.

Any person, firm or corporation found to violate any
provision of this article or, being the owner or occupant of, or having control
over the use of land, on which a violation of any provision of this article
is found to occur, shall be guilty of a civil violation and, upon conviction
thereof, shall be punished by a civil penalty of not less than $100, and not
more than $250. Each day such violation is permitted to exist after notification
thereof by the Town shall constitute a separate offense. Such persons shall
also be liable for the Town's court costs and reasonable attorneys' fees.
Any penalty assessed for violation of this article shall be in addition to
any liability for violation of state laws regulating the installation of groundwater
extraction systems. (If a person installs a groundwater extraction system
without prior approval and that activity alters the groundwater system in
such a manner to cause an adverse impact, that person may be held liable,
under state law (38 M.R.S.A. § 1361 et seq.), for all costs related
to mitigating the impact.)